Posted by MT_CA on 1/6/06 12:11pm
Msg #86651

Newbie question, need help!

I have a modification on a loan dated Sept 2005 that has already been recorded. SS is asking the borrowers to resign the whole package with the September date, but I will acknowledge with todays date. Because the borrower does not have to sign in front of me for me to acknowledge his signature, I'm saying this is OK, but what about a Jurat? Since they do have to sign in front of me, I have to also put today's date on Jurat and I don't think this is what the lender wants to see. The lender is in Ohio and I'm in Ca. The Jurat included in the loan package does not ask for a date, but in CA don't I have to use the new Jurat wording even if the loan is out of state? Can someone assist me here? Your help is much appreciated!

Reply by Mike_IA on 1/6/06 12:28pm
Msg #86662

Go to the source - ask the lender. Lenders/TCs prefer to answer questions upfront rather than trying to correct paperwork after the signing.

Reply by Merry_CA on 1/6/06 12:33pm
Msg #86664

Please check with the CA SOS.

Reply by MT_CA on 1/6/06 12:36pm
Msg #86666

Thanks for both answers, but can't call the lender directly because I was hired by the SS and only get busy signals when calling CA SOS. Anyone else?

Reply by Roger_OH on 1/6/06 12:39pm
Msg #86668

Why wouldn't you think you can call the lender/title company directly with your question? The SS is only an intermediary, they are not involved in the docs or questions about them. Believe me, the lender/TC WANTS you to clarify any doc questions before you do the signing, not after you've made an error! Call them - you'll be glad you did.

Reply by MT_CA on 1/6/06 12:48pm
Msg #86676

Thanks, Roger, I will call the lender. I just didn't know if that was a professional thing to do. Much appreciated!

Reply by CaliNotary on 1/6/06 1:13pm
Msg #86691

I don't know why people are telling you to call the lender with questions about notarizations. It sounds to me like you're quite clear on your notary law, so just notarize it correctly and that's that. The other dates on the documents aren't your concern.

Reply by MT_CA on 1/6/06 3:02pm
Msg #86721

After thinking it through, you are quite right CaliNotary. Thanks!

Reply by Merry_CA on 1/6/06 12:46pm
Msg #86675

A CA notary Public cannot acknowledge a signature or execute a jurat without the signer being present. Check your CA notary Handbook.

Reply by MT_CA on 1/6/06 12:52pm
Msg #86681

Merry, the borrowers will be present, but the lender/SS want the borrowers to sign a September date on all documents with me doing an acknowledgement with today's date. I don't have a problem with that. But the Name Affidavit has a Jurat which has to be today's date because they need to personally sign in front of me. I think Roger's advice is correct. Let the lender know that the Jurat will be today's date.

Reply by Merry_CA on 1/6/06 1:04pm
Msg #86685

*Because the borrower does not have to sign in front of me for me to acknowledge his signature, I'm saying this is OK*

Oops! this part of your post confused me. ;)

Reply by Joan Bergstrom on 1/7/06 12:43am
Msg #86814

All Jurats require a date:

All Calif Jurats start: Subscribed and Sworn to (or affirmed) before me....................name of commissioned notary on this ..................This is where you put the date of the notarization


All Ack or Jurats have to have today's date, whatever todays date is in the notarial certificate.